12/12/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Dennis A. Quilty and Margaret P. Quilty 187 Wading Place Road (Map 112 Parcel 89) Mashpee, MA 02649 FINDING-2018-60 Mr. Mendoza addressed the Board and said he met with the applicant and discussed his revised plans. Mike said he understands that the applicant has reduced the size of his proposal, but he was instructed by the Board to research more on the subject. Mike provided the Board with handouts that included a page from M.G.L. 40A dated 11/02/16. This page mentioned that there's a 10-year statute of limitations on certain zoning violations which refers to structure, not Use. He also provided the Board the only documentation on file of the proposed addition which was built back in 2008. He also provided a copy of the accessor's page that shows the building and the deck in question. Mike said there was a certificate of occupancy issued back in 2007 from the Building Department on April 24, 2007, and that the site plan shows the proposed addition but doesn't show the deck. The last two pages he provided show the construction of the proposed addition, but the last page shows the deck but no mention of the size. This becomes a pre-existing nonconformity. Mr. Quilty said that when he met with the Commissioner he had photos of the deck. He bought the house over 20 years ago, and the deck was there. Mr. Blaisdell wanted to confirm that the revised plan shows that the setback is now 15 ft. The Board members read the Town Department comments into the record. The Board read several letters from abutters that were in favor of the project. There were no more comments from the Board or audience. In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, January 9, 2019, the Zoning Board of Appeals voted unanimously to issue a Written Finding to Dennis and Margaret Quilty under §174-17 to allow for an alteration and addition on an existing deck on property located in an R-3 Zoning District and the Popponesset Overlay District, (Map 112 Parcel 89), Mashpee, MA with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Site Plan — Dennis & Margaret Quilty, 178 Commonwealth Ave, Boston, MA, Project: 187 Wading Place Rd, Mashpee, MA. Sheet No.: 1 of 1, Date: November 26, 2018, Drawn by: JVB, Checked by: MC, Prepared by: Cape & Islands Engineering, Drawing Title: Proposed 3 Season Room, Accessors Info: Map 112, Parcel 89, Signed by: Matthew C. Costa, Professional Land Surveyor,No.: 52282. (Received Revision on January 4, 2019). 2